AF | PDBR | CY2011 | PD2011-00828
ANALYSIS SUMMARY : The Board clarifies that there is a significant interval (approaching 3 years) between the Department of Veterans’ Affairs (DVA) evidence and ratings proximate to placement on TDRL and the date of permanent separation; and, the Board’s permanent rating recommendation is based on the disability in evidence at final separation. In the matter of the lumbar spine condition, the Board unanimously recommends a disability rating of 40% for the period of TDRL and a 20% permanent...
AF | PDBR | CY2011 | PD2011-00830
Since the VA provided separate ratings for each condition in this case, the Board will evaluate separate fitness evaluations and separate ratings as follows; a cervical spine condition and a headache condition. The preponderance of the record indicated slight pain-limited cervical ROM and the VA’s 10% rating and coding of 5293-5290 best portrayed the CI’s neck disability with intervertebral disc syndrome and rating criteria of slight limited motion. The Board discussed the differences in...
AF | PDBR | CY2011 | PD2011-00831
The PEB adjudicated the bilateral hip condition as unfitting, rated 10% with specified application of the US Army Physical Disability Agency (USAPDA) pain policy. The first VA hip exam was dated 20110817. Chronic Bilateral Hip Pain Condition .
AF | PDBR | CY2011 | PD2011-00832
The FPEB and VA each coded the individual knees at 10% using the criteria for arthritis (5003), with the VA indicating a traumatic onset by using code 5010. Left Knee : With regards to the left knee, the Board considered that the preponderance of the record supported the 10% rating for the left knee for limited motion. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2011 | PD2011-00833
The PEB adjudicated the “chronic neck, back, shoulder, knee, tibial, hip and shoulder pain” as a single unfitting condition rated at 20% with specified application of the USAPDA pain policy; and adjudicated the OSA condition as unfitting, rated 0% with application of DoDI 1332.39. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), in regards to the chronic neck, back, knee, tibia, hip, shoulder pain joint conditions combined under a single...
AF | PDBR | CY2011 | PD2011-00834
The PEB adjudicated the lumbar intervertebral disk syndrome condition as unfitting, rated 20% with application of Veterans Administration Schedule for Rating Disabilities (VASRD). The CI noticed back pain in March 2007 when he was lifting weights and felt a sharp pain in his back that was accompanied by muscle spasms and a burning sensation radiating down his left leg. Providing a correction to the individual’s separation document showing that the individual was separated by reason of...
AF | PDBR | CY2011 | PD2011-00836
PHYSICAL DISABILITY BOARD OF REVIEW The PEB adjudicated the low back condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Physical Disability Board of Review
AF | PDBR | CY2011 | PD2011-00838
RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of his prior medical separation: Service Treatment Record I direct that all the Department of the Army records of the individual concerned be corrected accordingly no later than 120 days from the date of this memorandum.
AF | PDBR | CY2011 | PD2011-00839
The Physical Evaluation Board (PEB) adjudicated the LBP as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The Board’s role is confined to the review of medical records and all evidence at hand to assess the fairness of PEB rating determinations, compared to VASRD standards, based on severity at the time of separation. The Board also considered the VA examination after separation ROM upon which the VA based its 20% rating.
AF | PDBR | CY2011 | PD2011-00840
The Informal PEB (IPEB) adjudicated limitation of cervical motion, s/p cervical fracture w/c1/2 fusion as unfitting, rating it 20%; with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). The ratings for unfitting conditions will be reviewed in all cases. The FPEB rated the CI’s neck condition 10%.
AF | PDBR | CY2011 | PD2011-00842
The Physical Evaluation Board (PEB) adjudicated the right hip heterotopic ossification and left wrist scaphoid avascular necrosis conditions as unfitting, rated 10% respectively, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Left Wrist Condition. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: UNFITTING CONDITION Right Hip Heterotopic...
AF | PDBR | CY2011 | PD2011-00843
It also noted the CI had only one or two days a week without any back pain. Evaluate intervertebral disc syndrome (preoperatively or postoperatively) either on the total duration of incapacitating episodes over the past 12 months or by combining under § 4.25 separate evaluations of its chronic orthopedic and neurologic manifestations along with evaluations for all other disabilities, whichever method results in the higher evaluation. However, if codes 5292 or 5295 are used, the back pain...
AF | PDBR | CY2011 | PD2011-00844
PHYSICAL DISABILITY BOARD OF REVIEW In the matter of the right wrist condition, the Board unanimously recommends a disability rating of 10%, coded 5215 IAW VASRD §4.71a. Physical Disability Board of Review
AF | PDBR | CY2011 | PD2011-00845
However, the CI developed chronic left forearm and wrist pain that did not respond to treatment. An Informal Reconsideration PEB of 1 March 2007 adjudicated both the chronic non-radiating LBP and the chronic left forearm and wrist pain conditions as unfitting, rated 10% each, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD) for the back pain condition and the US Army Physical Disability Agency (USAPDA) pain policy for the left forearm and wrist pain...
AF | PDBR | CY2011 | PD2011-00846
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty AT2/E-5 (9502 / Instructor), medically separated for a left ankle condition. Continued Ankle Pain Despite Three Surgeries Condition . He had a total of three LIMDU’s with the following documented diagnoses; the first left ankle fracture, the second left ankle fracture and left Achilles tendonitis and the third left ankle pain.
AF | PDBR | CY2011 | PD2011-00847
In this case the letter allows separate ratings for 1) post-concussive syndrome with subjective dizziness and memory and concentration problems; 2) headaches due to TBI; and 3) anxiety and depression due to TBI; rendering each in effect as separately unfitting conditions for purposes of the combined disability rating. A 10% rating for code 8045 was effective the day after the CI separated from service. While it is likely the CI did have PTSD while he was in service, there is no direct...
AF | PDBR | CY2011 | PD2011-00849
The PEB adjudicated the right shoulder condition as unfitting, rated 10% with application of the US Army Physical Disability Agency (USAPDA) pain policy. Both the PEB and VA rated the shoulder at 10%. After due deliberation in consideration of the preponderance of the evidence, the Board concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the chronic right knee pain; chronic LBP; OSA or neck pain contended conditions; and, therefore, no...
AF | PDBR | CY2011 | PD2011-00850
Asthma Condition . In the matter of the asthma condition, the Board unanimously recommends a TDRL and permanent service disability rating of 30%, coded 6602 IAW VASRD §4.97. Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
AF | PDBR | CY2011 | PD2011-00851
Bilateral Epididymitis/Scrotal Pain Condition . In the matter of the bilateral epididymitis/scrotal pain condition, the Board unanimously recommends a disability rating of 10%, coded 7525-8630 IAW VASRD §4.124a. I direct that all the Department of the Army records of the individual concerned be corrected accordingly no later than 120 days from the date of this memorandum.
AF | PDBR | CY2011 | PD2011-00852
The Board must apply separate codes and ratings in its recommendations if compensable ratings for each condition are achieved IAW the VASRD. In the matter of the left elbow tendonitis condition, the Board unanimously recommends a service disability rating of 10%, coded 5099-5024 IAW VASRD §4.71a. The pertinent military records of the Department of the Air Force relating XXXXX, be corrected to show that the diagnosis in his finding of unfitness was Tricep Tenonitis Left Elbow, VASRD Code...
AF | PDBR | CY2011 | PD2011-00853
The Board’s authority as defined in DoDI 6044.40, however, resides in evaluating the fairness of DES fitness determinations and rating decisions for disability at the time of separation. The Board notes that the 2002 Veteran Administration Schedule for Rating Disabilities (VASRD) standards for the spine, which were in effect at the time of separation, were changed to the current §4.71a rating standards in 2004. After due deliberation in consideration of the preponderance of the evidence,...
AF | PDBR | CY2011 | PD2011-00854
PHYSICAL DISABILITY BOARD OF REVIEW Right Medial Thigh Pain Condition . Physical Disability Board of Review
AF | PDBR | CY2011 | PD2011-00855
CI CONTENTION : “The diagnosis of the Primary Condition rated by the Physical Evaluation Board (Major Depressive Disorder) was not the same condition I was diagnosed with (PTSD), resulting in an inappropriate disability rating and percentage. A remote VA exam, 31 months after separation, indicated continued unemployment, mental disorder symptoms that were less severe, and a GAF of 55. The PEB did not list PTSD or disability code 9411 on the PEB form; however, the preponderance of the...
AF | PDBR | CY2011 | PD2011-00859
The Board evaluates DVA evidence proximal to separation in arriving at its recommendations, but its authority resides in evaluating the fairness of fitness decisions and rating determinations for disability at the time of separation. Lumbar Spine Condition . In the matter of the contended lumbar neuropathy, hypertension, and hypercholesterolemia conditions, the Board unanimously agrees that it cannot recommend any finding of unfit for additional disability rating.
AF | PDBR | CY2011 | PD2011-00860
The PEB adjudicated the lumbar spine condition as unfitting, rated 20%, referencing the Veterans Administration Schedule for Rating Disabilities (VASRD). The VA rating decision cited the baseline ROMs charted above, but additionally elaborated examiner comments for “degrees at which painful motion begins and ends” (including onset of pain with flexion at 10⁰). RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation...
AF | PDBR | CY2011 | PD2011-00861
The PEB adjudicated the lumbago condition as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The low back condition as requested for consideration meets the criteria prescribed in DoDI 6040.44 for Board purview; and, is addressed below, in addition to a review of the ratings for the unfitting conditions. The sports medicine provider diagnosed bulging disc L5-S1, placed him on LIMDU, and recommended another corticosteroid injection...
AF | PDBR | CY2011 | PD2011-00862
The Board’s authority as defined in DoDI 6040.44, however, resides in evaluating the fairness of DES fitness determinations and rating decisions for disability at the time of separation. Both the PEB and the VA rated the chronic neck pain condition as 5241 spinal fusion at 10%. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of his prior medical separation:
AF | PDBR | CY2011 | PD2011-00863
The Physical Evaluation Board (PEB) adjudicated the mood disorder and chronic radiating low back pain conditions as unfitting, rated 10% and 0%, with application of DoDI 1332.39 and the Veteran’s Affairs Schedule for Rating Disabilities (VASRD) respectively. The contended conditions adjudicated as not unfitting by the PEB and within the scope of the Board were history of pulmonary embolus/deep venous thrombosis (DVT) and restless leg syndrome. On the C&P examination, the CI reported for...
AF | PDBR | CY2011 | PD2011-00865
The VA and PEB both rated the back pain condition 10%. Notably, on the chiropractic examination with near normal lumbar flexion, these signs were absent and this examination was consistent with the post-separation C&P examination as noted above. After due deliberation in consideration of the preponderance of the evidence, the Board concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the contended condition; and, therefore, no additional...
AF | PDBR | CY2011 | PD2011-00866
The PEB adjudicated the MDD and the bilateral plantar fasciitis conditions as unfitting, rated 10% and 0% respectively; with application of the Veterans Administration Schedule for Rating Disabilities (VASRD), and the US Army Physical Disability Agency (USAPDA) pain policy, respectively. CI CONTENTION : The CI requests consideration for a higher rating for her depression; “I feel my active duty psychiatrist and first sgt. Other PEB Conditions .
AF | PDBR | CY2011 | PD2011-00867
The corroborative evidence elaborated above suggests that ROM was significantly limited during the period encompassing the date of separation, and provides more support for the MEB ROMs than for the VA evidence. The VA C&P evaluation noted 10/10 pain exacerbated by “physical activity.” The MEB and VA examiners documented similar physical findings. In the matter of the service-combined left shoulder/right knee/chronic pain syndrome condition, the Board unanimously recommends that it be...
AF | PDBR | CY2011 | PD2011-00868
Left Knee Condition . Limited and painful motion was noted on exam. Other than at the VA C&P examination, ROM was normal both pre-separation and at a post-operative physical therapy examination.
AF | PDBR | CY2011 | PD2011-00869
The PEB adjudicated the DVT condition as unfitting, stating, “this disability existed prior to mobilization and was not permanently aggravated by service, but is compensable in accordance with 10 USC 1207a (eight year rule).” It was rated 20%, citing criteria of the Veterans Administration Schedule for Rating Disabilities (VASRD). SCOPE OF REVIEW : The Board wishes to clarify that the scope of its review as defined in Department of Defense Instruction (DoDI) 6040.44 (Enclosure 3, paragraph...
AF | PDBR | CY2011 | PD2011-00870
He was consequently issued a permanent U3/L2 profile and referred for a Medical Evaluation Board (MEB). The PEB adjudicated the right hip condition as unfitting, rated 10%, referencing the US Army Physical Disability Agency (USAPDA) pain policy. Right Hip Condition .
AF | PDBR | CY2011 | PD2011-00871
SCOPE OF REVIEW : The Board wishes to clarify that the scope of its review as defined in Department of Defense Instruction (DoDI) 6040.44 (Enclosure 3, paragraph 5.e.2) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; or, when requested by the CI, those conditions “identified but not determined to be unfitting by the PEB.” The ratings for unfitting conditions are reviewed in all cases; and, the CI’s opinion that the...
AF | PDBR | CY2011 | PD2011-00873
The Board next deliberated the probative value assignment to the MEB/NARSUM evidence vs. the significantly disparate evidence from the VA C&P evaluation. The VA C&P examiner, after separation, reported a headache frequency of “six times per week” with duration of “minutes to hours.” The VA rating decision referenced the CI’s failure to respond to a request for additional documentation of treatment for headache, and assigned a non-compensable rating for lack of “characteristic prostrating...
AF | PDBR | CY2011 | PD2011-00878
The PEB adjudicated the neuropathic abdominal wall pain and mood disorder as unfitting, rated 10% and 10%, with application of the SECNAVINST 1850.4E and Veteran’s Affairs Schedule for Rating Disabilities (VASRD). However, in May 2007, a neurologist evaluating her abdominal pain condition noted symptoms of depression and recommended treatment. Although the examiner did not record examination testing of memory, contemporaneous examinations (neurology and general medical) documented normal...
AF | PDBR | CY2011 | PD2011-00879
The PEB adjudicated the multilevel DDD of the lumbar spine condition as unfitting, rated 20%, with probable application of SECNAVINST 1850.4E, DoDI 1332.39 and the Veterans Administration Schedule for Rating Disabilities (VASRD). The Board also noted the normal gait, ability to squat without difficulty, and the range of straight leg raising that was more consistent with the examination results from the general C&P examiner as well as physical therapy treatment records and the known...
AF | PDBR | CY2011 | PD2011-00882
The PEB adjudicated the chronic myofascial back pain condition as unfitting, rated 20%, with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). After due deliberation in consideration of the preponderance of the evidence, the Board concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the contended condition; and, therefore, no additional disability ratings can be recommended. I have carefully reviewed the...
AF | PDBR | CY2011 | PD2011-00884
The PEB adjudicated the chest pain due to costochondritis condition as unfitting, rated 20% with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). Chest Pain Due to Costochondritis . The VA exam after separation indicated pain with motion and tenderness of the spine.
AF | PDBR | CY2011 | PD2011-00886
SCOPE OF REVIEW : The Board wishes to clarify that the scope of its review as defined in DoDI 6040.44 (4.a) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; and, when requested by the CI, those condition(s) “identified but not determined to be unfitting by the PEB.” Although the Board will review the ratings for the unfitting lumbar condition, none of the other PEB conditions were requested for consideration and...
AF | PDBR | CY2011 | PD2011-00890
Chronic Left Shoulder Pain Condition . Therefore, even though the VA C&P examination was closer in time to the date of separation, the Board determined this exam had less probative value than the physical therapy and MEB examinations. Providing a correction to the individual’s separation document showing that the individual was separated by reason of permanent disability retirement effective the date of the original medical separation for disability with severance pay.
AF | PDBR | CY2011 | PD2011-00891
The Board’s authority as defined in DoDI 6044.40, however, resides in evaluating the fairness of DES fitness determinations and rating decisions for disability at the time of separation. The VA rated this exam at 0%. Flexion (140⁰ Normal)110⁰, 114⁰,110⁰140⁰Extension (0⁰ Normal)3⁰, 3⁰, 3⁰0⁰CommentTender over medial knee; pain with patellar grind; no instabilityNormal gait; painful motion, tender; painful McMurray§4.71a Rating10%10%At the MEB exam, the CI reported recurrent left knee locking...
AF | PDBR | CY2011 | PD2011-00893
Bilateral chronic ankle instability and recurrent fracture of clavicle” were forwarded to the Physical Evaluation Board (PEB) as medically unacceptable IAW SECNAVINST 1850.4E. The PEB adjudicated the bilateral ankle condition as unfitting, rated each ankle 10%, and rated the right shoulder condition category III, (not separately unfitting and does not contribute to the unfitting condition) with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). Other PEB...
AF | PDBR | CY2011 | PD2011-00894
SCOPE OF REVIEW : The Board wishes to clarify that the scope of its review as defined in Department of Defense Instruction (DoDI) 6040.44 (Enclosure 3, paragraph 5.e.2) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; or, when requested by the CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The rating for the unfitting bilateral knee condition is addressed below; the PEB’s fitness...
AF | PDBR | CY2011 | PD2011-00895
The PEB adjudicated the chronic back pain condition as unfitting, rated 10% with likely application of the US Army Physical Disability Agency (USAPDA) pain policy. The CI appealed the VA rating and was awarded a 40% rating (effective 8 November 2007, the date of appeal) that was based on the MEB examination ROM examination documenting flexion of 18 degrees. The Board considered the ROM examination from the MEB NARSUM and noted that it was dramatically inconsistent with prior examinations.
AF | PDBR | CY2011 | PD2011-00896
The PEB adjudicated the heat stroke with rhabdomyolysis as unfitting, rated 0%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD) and the Department of Defense Instruction (DoDI) 1332.39. CI CONTENTION : “I got discharged from the U. S. Army due to a Heat Stroke and Rhabdomyolysis. Please review copies of my Army medical records.” In Item #14 (continuation of VA Rating Information), the CI stated: “The Department of Veterans Affairs denied me a rating (0%)...
AF | PDBR | CY2011 | PD2011-00898
VASRD §4.97 rating criteria for asthma are based on the number and severity of clinical exacerbations; the type and the frequency of medications used to treat the condition; and PFT values for FEV1 and FEV1/FVC ratio. It is noted that the VA subsumed any asthma rating in the overall OSA rating, although the VA rating decision stated “the examiner did not note any compensable level of disability due to your mild persistent asthma.” After considerable deliberation, members agreed [member...
AF | PDBR | CY2011 | PD2011-00901
The PEB adjudicated the right knee condition as unfitting, rated 10%, with application of Veterans Administration Schedule for Rating Disabilities (VASRD). Right Knee Condition . I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2011 | PD2011-00902
PHYSICAL DISABILITY BOARD OF REVIEW The PEB adjudicated the left foot neuropraxia condition as unfitting, rated 20% under code 5284, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Physical Disability Board of Review